imported post
"Trespass" is the venturing onto the lands of another without permission.
There are two types of trespass and related legal remedies - criminal trespass and civil trespass.
Criminal trespass There are potentially three laws available whereby a trespasser can be prosecuted.
Under state law, trespass is illegal pursuant to several statutes. MCL 750.552 is the general state statute for trespass. This statute prevents anyone from trespassing upon the premises of another after having been forbidden to do so. Violation of the statute is a criminal misdemeanor offence, punishable by a fine of up to $50.00 and 30 days in jail or both.
The reason I would ever state that a certain incident becomes a “Trespass” issue is not meant to be unconcerned about the charge; just it is very difficult to enforce. Many police agencies and prosecutors are reluctant to prosecute trespassers. Many LEOs will tell a property owner that they cannot prosecute a trespasser until the offender trespasses a second time. Although it is not technically true that someone has to trespass a second time before they can be prosecuted, it is true that generally the law requires some type of prior notice. For example, MCL 750.552 requires that the trespass occur after the trespasser has been "forbidden to do so by the owner or occupant" or that the trespasser neglects or refuses to leave when requested by the owner or occupant. I have never advocated refusing to leave and think that if someone does refuse, they can be successfully prosecuted.
In the case of a business or service open to the public, the difficulty also lies in that legally, certain persons have rights and are not to be considered trespassers. For example, if I enter a business during normal business hours, I would be considered an "invitee". I am “invited” because they are open for business and, if I refuse to leave because I am no longer allowed to be there, it is only at that point that I have potentially violated the trespass statute..
Other forms of Criminal Trespass not really germane here:
Several statutes make it illegal to trespass and to damage property, cut trees, destroy or take crops, etc.(MCL 600.2919,750.546 and 750.547) or to trespass while hunting or fishing (Michigan Recreational Trespass Act MCL 324.73101 et seq.) Some local governments have their own trespass ordinances; these may or may not require prior notification.
Civil trespass The other remedy for trespass is a civil lawsuit. In civil cases, law enforcement is not involved and the individual property owner must initiate a lawsuit against a trespasser at his or her own expense. Oftentimes, the property owner can recover damages, even where little harm has been done to the property involved. In most civil lawsuits for trespass the usual outcome is that the property owner is able to obtain a court order prohibiting the defendant from trespassing again. If trespass occurs pursuant to the court order, this could result in a charge of contempt of court and possibly jail.
